SB 60 Text

Senate Bill No. 60
(By Senator Bailey)
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[Introduced February 14, 2001; referred to the Committee on the Judiciary and then on to the Committee on Finance.]
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A BILL to amend and reenact section two, article two, chapter fourteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to expanding venue for certain suits.

Be it enacted by the Legislature of West Virginia:

That section two, article two, chapter fourteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

ARTICLE 2. CLAIMS AGAINST THE STATE.

§14-2-2. Venue for certain suits and actions.

(a) The following proceedings shall be brought and prosecuted only in the circuit court of Kanawha County:

(1) Any suit in which the governor, any other state officer or a state agency is made a party defendant, except as garnishee or suggestee.

(2) Any suit attempting to enjoin or otherwise suspend or affect a judgment or decree on behalf of the state obtained in any circuit court.

(b) Any proceeding for injunctive or mandamus relief involving the taking, title or collection for or prevention of damage to real property may be brought and presented in the circuit court of the county in which the real property affected is situate.

(c) Notwithstanding the provisions of subsections (a) and (b) of this section, actions alleging intentional tortuous conduct may be brought in the county in which the action arose.

This section shall apply only to such proceedings as are not prohibited by the constitutional immunity of the state from suit under section thirty-five, article VI of the constitution of the state.

NOTE: The purpose of this bill is to permit certain legal actions alleging intentional tortuous conduct to be brought in the county in which the action arose.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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